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Reply to "Guests in the condo pool. Call the police?"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Jesus. It is absolutely not the job of (armed BTW) police officers to enforce **HOA rules**. If the HOA makes rules, it is the job of the HOA to figure out a way to enforce them. If too many people are violating the rules on guests in the pool, then the HOA needs to hire staff to monitor, or put up cameras and send out letters, or whatever. Figure it out. Absolutely wrong for the police to get involved in reading HOA bylaws and trying to interpret them. Those cops were in the wrong. They should have said "No evidence of a crime here" and left -- it was not a police matter.[/quote] Trespassing is a police matter if you call the police and tell them that someone is trespassing. Now, does some HOA hen have the authority to trespass you from the pool? I have no idea. It does seem absurd that some HOA hen would involve the police over some type of hoa offense. I can kind of empathize because my hoa threatened to have me locked up :roll: [/quote] They were guests of a resident so not trespassing. If there are HOA rules concerning the *number* of guests allowed, then that is a matter for the HOA to enforce however the HOA wants to enforce it. But the police aren't their private enforcement squad.[/quote] I could see an argument that they were trespassing. If the condo owner did not properly register the party in advance and pay for each guest, then the people would be there without permission, and therefore be trespassing. [/quote] You can't trespass when you are a guest of an owner, even if the other owners don't like it or have HOA rules about how many guests you can have. [/quote] If the resident does not have permission to have guests, then yes, you are trespassing. No permission means not allowed to be there. [/quote] No. The guest are under no legal obligation to know the HOA rules. The contract is between the HOA and the owner. The owner can be fined but the guests are not trespassing. [/quote] If you are in a property that is not yours, you are trespassing unless you've been granted the privilege to be there. The condo owner did not secure the proper permit to get you that privilege, so you are trespassing.[/quote] That is not how contracts work. The contract is with the home owner. They are in violation of the HOA rules (which are not criminal laws) and the guests are not trespassing. [/quote] This doesn't have anything to do with contract law, this is about a person (in this case 30+ people) being on a private property that is not theirs. Trespassing.[/quote]
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